United States v. Jessie Lee Matthews, Jr.

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Jessie Lee MATTHEWS, Jr., Defendant-Appellant. No. 94-50630. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jessie Lee Matthews appeals his conviction and 300-month sentence for possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841 (a)(1) and using or carrying a firearm during a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). Matthews contends that: (1) the evidence was insufficient to prove that he used or carried a firearm in light of Bailey v. United States, 116 S.Ct. 501 (1995); (2) he was entrapped as a matter of law; (3) the district court erroneously reinstructed the jury; and (4) the district court erred in declining to depart downward for sentencing entrapment. 1 We have jurisdiction…